Banner County Partial Unconditional Lien Waiver Form (Nebraska)

All Banner County specific forms and documents listed below are included in your immediate download package:

Partial Unconditional Lien Waiver Form

Banner County Partial Unconditional Lien Waiver Form

Fill in the blank Partial Unconditional Lien Waiver form formatted to comply with all Nebraska recording and content requirements.
Included Banner County compliant document last validated/updated 9/4/2024

Partial Unconditonal Lien Waiver Guide

Banner County Partial Unconditonal Lien Waiver Guide

Line by line guide explaining every blank on the form.
Included Banner County compliant document last validated/updated 10/15/2024

Completed Example of the Partial Unconditional Lien Waiver Document

Banner County Completed Example of the Partial Unconditional Lien Waiver Document

Example of a properly completed form for reference.
Included Banner County compliant document last validated/updated 9/19/2024

When using these Partial Unconditional Lien Waiver forms, the subject real estate must be physically located in Banner County. The executed documents should then be recorded in the following office:

Banner County Clerk

Courthouse - 204 State St / PO Box 67, Harrisburg, Nebraska 69345

Hours: 8:00 a.m. to noon and 1:00 p.m. to 4:30 p.m. Monday through Friday

Phone: (308) 436-5265

Local jurisdictions located in Banner County include:

  • Harrisburg

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Banner County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Banner County using our eRecording service.
Are these forms guaranteed to be recordable in Banner County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Banner County including margin requirements, content requirements, font and font size requirements.

Can the Partial Unconditional Lien Waiver forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Banner County that you need to transfer you would only need to order our forms once for all of your properties in Banner County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Nebraska or Banner County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Banner County Partial Unconditional Lien Waiver forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

Construction liens are governed under the Nebraska Construction Lien Act, found at Sections 52-125 to 52-159 of the Nebraska Revised Statutes.

The term "waiver" means a voluntary surrender of a legal right. In this case, the person granting the waiver gives up the right to seek a construction lien for all or part of the amount due on an improvement to real property. This assurance is often enough to encourage the other party to pay the outstanding debt.

As set forth by Neb. Rev. Stat. 52-144(2), a written waiver relinquishes all construction lien rights of the claimant as to the improvement to which the waiver relates unless the waiver is specifically limited to a particular lien right or a particular portion of the services or materials furnished. A waiver of lien rights does not affect any contract rights of the claimant otherwise existing. 52-144(3). Acceptance of a promissory note or other evidence of debt is not a waiver of lien rights unless the note or other instrument expressly so declares. 52-144(4).

Expanding on the statute above, Nebraska law generally recognizes four types of lien waivers. These include partial and final waivers. Each waiver can be conditional or unconditional. A partial waiver covers a progress payment and the waiver only applies to that payment amount, range of dates, or another agreed-upon point. A final waiver covers the entire balance. If the waiver is conditional, it is only valid if the payment is made or clears the bank. Unconditional waivers become effective when they are signed, regardless of payment status.

Thus, a Partial Unconditional Lien Waiver is appropriate when a partial or progress payment has been made and the claimant agrees to give up the right to claim a lien for that partial payment amount, but there is no concern about the payment clearing the bank. Note, however, that a written waiver of construction lien rights signed by a claimant requires no consideration and is valid and binding, whether signed before or after the materials or services were contracted for or furnished. Neb. Rev. Stat. 52-144(1). Ambiguities in a written waiver are construed against the claimant. Id.

A valid waiver identifies the parties, the property where the claimant performed the work or improvement, and any other information necessary for the specific situation. The claimant signs the document in front of a notary, then submits the completed waiver to the recording office for the county where the property is situated.

This article is provided for informational purposes only and is not legal advice. Please contact an attorney with questions lien waivers or any other issues related to construction liens in Nebraska.

Our Promise

The documents you receive here will meet, or exceed, the Banner County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Banner County Partial Unconditional Lien Waiver form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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